The Grubb Law Group
Fighting for Justice from the Workplace to the Marketplace

Was I wrongfully terminated?

On Behalf of | Jan 30, 2025 | Employment Law - Employees

West Virginia is an “at-will” employment state. People (including, unfortunately, some employers) think that means that an employee can be terminated any time for any reason – or no particular reason at all. However, there are some important exceptions to at-will employment laws. If an employee is terminated illegally, that’s considered “wrongful termination.”

When might a termination be illegal?

When it’s discriminatory

Employers are required to adhere to state and federal laws prohibiting discrimination based on protected characteristics like gender, race, age, national origin and disability. While most employers aren’t careless enough to say outright that they’re terminating someone based on one of these or other protected characteristics, there are ways to show that an offending employer is acting in ways that are discriminatory.

When it’s retaliatory

Employees are allowed to assert their rights without fear of retaliation – including being terminated. That means an employee can’t face retaliation for reporting discrimination or other illegal workplace behavior. They also can’t be fired for taking leave they’re entitled to – whether it’s leave allowed under the Family Medical Leave Act (FMLA) or time off for jury duty. Employees also can’t be fired for refusing to do something illegal, seeking workers’ compensation benefits if they’re injured or for reporting illegal actions (in other words, being a “whistleblower”).

When it violates a contract

If an employee has a contract with their employer, the terms of that contract will likely state the grounds upon which the employer can terminate the employee. While contracts can provide job security, they can also make it easier for employers to end someone’s employment – even if it’s prior to the end of the contract.

For example, a contract may state that if an employee doesn’t meet specified benchmarks or deadlines, they can be terminated. There may be a “morals clause” in the contract that allows an employer to fire an employee if they do something to embarrass or harm the reputation of the employer. However, if an employee doesn’t violate the terms of the contract, their termination might be grounds for a breach of contract suit.

What can be done if any employee believes they’ve been wrongfully terminated?

West Virginia law allows people who have been wrongfully terminated to seek “remedies” including:

It’s easy to feel like a termination was “wrongful” when it seems unfair. Determining whether it was “wrongful” under the law is another matter. That’s one reason why having legal guidance is important in determining the right next steps.

FindLaw Network

If your rights were violated by an employer or company, we want to hear about it. Our friendly staff and team of attorneys will treat you with respect, listen to your story and lay out all available options. Whether it’s better to settle out of court or take matters before a judge, you can rest assured knowing we will only do what’s in your best interests.